If compliance with any of the requirements of this chapter would
result in an exceptional hardship to a prospective builder, developer
or landowner, the Borough of Moosic Zoning Hearing Board may, upon
request, grant relief from the strict application of the requirements.
A.
Requests for variances shall be considered by the Borough of Moosic Zoning Hearing Board in accordance with the procedures contained in § 157-16 and the following:
(1)
No variance shall be granted for any construction, development, use,
or activity within any Floodway Area/District that would cause any
increase in the BFE.
(2)
No variance shall be granted for any construction, development, use,
or activity within any AE Area/District without floodway that would,
together with all other existing and anticipated development, increase
the BFE more than one foot at any point.
(3)
No variance shall be granted for a proposed accessory structure that
exceeds 600 square feet in size. A signed nonconversion agreement
is required as a condition of receiving the variance.
(5)
If granted, a variance shall involve only the least modification
necessary to provide relief.
(6)
In granting any variance, the Borough of Moosic Zoning Hearing Board
shall attach whatever reasonable conditions and safeguards it considers
necessary in order to protect the public health, safety, and welfare
and to achieve the objectives of this chapter.
(8)
In reviewing any request for a variance, the Borough of Moosic Zoning
Hearing Board shall consider, at a minimum, the following:
(9)
A complete record of all variance requests and related actions shall
be maintained by the Borough of Moosic Zoning Hearing Board. In addition,
a report of all variances granted during the year shall be included
in the annual report to FEMA.
B.
Notwithstanding any of the above, however, all structures shall be
designed and constructed so as to have the capability of resisting
the 1% annual chance flood.